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Memorandum of Lease and Possession Date CertificateThis Instrument Was Prepazed By: Mazk C. Alltadeff, Esq. Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A. 150 West Flagler St., Suite 2200 Miami, Florida 33130 Record and Retum To: Mark C. Alhadeff, Esq. Stearns Weaver Miller Weissler Alhadeff& Sitterson,P.A. 150 West Flagler St., Suite 2200 Miami, Florida 33130 MEMORANDUM OF LEASE AND POSSESSION DATE CERTIFICATE i KNOW ALL MEN BY THESE PRESENTS of this Memorandum of Lease made as of the ~ day of February, 2008, by and between the City of Miami Beach, Florida, a municipal corporation duly organized and existing under the laws of the State of Florida (herein refereed to as "Landlord") and New World Symphony, a Florida not-for-profit (herein referred to as "Tenant"). WITNESSETH: For good and valuable consideration and in further consideration of the rents reserved and covenants and conditions more particulazly set forth in that certain Agreement of Lease ("Lease") by and between Landlord and Tenant of even date herewith, Landlord and Tenant hereby covenant and agree as follows. 1. Landlord does hereby demise unto Tenant and Tenant does hereby take from Landlord for the term hereinafter provided, and any extension thereof, the property described on Schedule "A" attached hereto located in Miami-Dade County, Florida, and hereafter referred to as the "Premises". 2. The lease term shall commence on September 9, 2004 and shall end fifty-five (55) years after such commencement date unless sooner terminated or extended as provided in said Lease. 3. For purposes of the Lease, the Possession Date shall be February 1, 2008 and the delivery date of the Land is January 7, 2008. 4. Landlord's interest shall not be subject to any mechanics' or materialmen's liens or liens of any kind for improvements made by the Tenant upon the Premises. All persons dealing with Tenant must look solely to the credit of Tenant, and not to Landlord's interest or assets. 5. The sole purpose of this instrument is to give notice of said Lease and all its temrs, covenants, agreements and conditions to the same extent as if said lease were fully set forth herein. The terms, covenants, agreements and conditions contained in this instrument shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns. written. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above LANDLORD: CITY OF MIAMI BEACH, FLORIDA, a municipal corporation duly organized and existing under the laws of the State of Florida ~ ~ / By: Name: .Bower Title: Mayor ATTEST: By: ~U 1M-t~1 IGI.t(~.~-- Name: (4, fit n-T Pfk izC N ~~- Title: City Clerk APPROVED AS TO FORM AND FOR EXECUTION Title: TENANT: ,~A New World Symphony, a Florida not-for-profit V "~ P N ~ By: Name: Howard Herring PRINT NAME Title: President and Chief Executive Officer APPROVED AS TO FORM ~ LANGUAGE -2- - 34 ~ ,~ e WTTNRCRF.C•